Chapter 441
AN ACT RELATIVE TO THE MASSACHUSETTS VETERANS SHELTER IN THE CITY OF WORCESTER.

Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:

SECTION 1.
Chapter 386 of the acts of 1996 is hereby repealed.

SECTION 2.
The commissioner of capital asset management and
maintenance, with the approval of the adjutant general of the military
division, may, notwithstanding sections 40E to 40J, inclusive, of chapter 7
of the General Laws, but subject to section 3 and such other terms and
conditions as may be determined by the commissioner in consultation with the
adjutant general, execute and deliver on behalf of the commonwealth 1 or more
instruments to lease the 3-story building at 69 Grove street in the city of
Worcester, known as the Massachusetts veterans' shelter, to Massachusetts
Veterans, Inc. for a term not to exceed 30 years for the purpose of operating
and maintaining a veterans' shelter. As a condition of the lease, the
military division, acting through the adjutant general, shall retain the right
to re-occupy the premises upon 30 days written notice to Massachusetts
Veterans, Inc., should such re-occupation become necessary to enable the
military division to adequately perform its duties in a state or national
emergency.

The lease price to be paid by Massachusetts Veterans, Inc. shall be the full
and fair market value of the building for use as a veteran's shelter based upon
1 or more professional appraisals commissioned by the division reduced by any
diminution in value resulting from the military division's right of
re-occupation and reduced by any credit authorized by section 3 and certified
by the inspector general pursuant to said section 3. The inspector general
shall review and approve the appraisal or appraisals, and the review and
appraisal shall include an examination of the methodology utilized for said
appraisal or appraisals. The commissioner shall, 30 days prior to the
execution of any lease or leases authorized by this act or any subsequent
amendment thereof, submit the lease or leases and any amendments thereto and a
report thereon to the inspector general. The inspector general shall prepare a
report of his review and approval of the appraisal or appraisals, lease or
leases, or amendments and file the report with the commissioner, and copies of
the same shall be filed with the house and senate committees on ways and means
and with the chairmen of the joint committee on state administration at least
15 days before execution. The report shall also include a list of those
credits that have been certified by the inspector general under section 3 as
credits to be applied against the lease price. The lease price paid by
Massachusetts Veterans, Inc. for any lease or leases, or any amendments
thereof, authorized by this act shall be deposited in the General Fund.

SECTION 3.
For purposes of this section only, the following words
shall, unless the context shall clearly indicate a different meaning or
intent, have the following meanings:-

"Renovations", work required to restore or modernize most or all of a
facility in order that the facility may be effectively utilized for its
presently designated functional purpose for an extended period of time or to
comply with current code requirements.

"Repairs", work required to restore a facility or system to such condition
that it may continue to be approximately and effectively utilized for its
designated purpose for an extended period of time by overhaul, reprocessing or
replacement of constituent parts or materials which have deteriorated by
action of the elements or wear and tear in use.

"Long-term capital improvement", reconstruction, remodeling, rehabilitation,
extension, or enlargement of a facility that substantially enhances the
effective utilization of the facility for its designated functional purpose in
such a manner that the tangible and functioning benefits added by said
reconstruction, remodeling, rehabilitation, extension or enlargement have not
dissipated significantly since their addition and are not likely to dissipate
significantly over an extended period of time.

The Massachusetts Veterans, Inc. shall receive a credit against full and fair
market value that shall be equal to the value of any renovations, repairs or
long-term capital improvements performed by said organization on the 3-story
building located at 69 Grove street in the city of Worcester and known as the
Massachusetts veterans' shelter from the date of said organization's initial
occupation of the premises in 1991 until the expiration date of the lease
agreement signed with the division of capital asset management and maintenance
under
authorization granted to the division by chapter 386 of the acts of 1996.
The credits shall be applied against the lease price to be paid by the
organization, as initially determined by the appraisal required in section 1,
following the execution of its new lease agreement with the division as
authorized by this act. If the new lease agreement includes a lease term of
10 years or more, the credits authorized by this section shall only be applied
against the lease price during the first 10 years of the new lease agreement.
The application of any additional credits against the lease price beyond the
first 10 years of the new lease agreement shall require the prior approval of
the general court.

Before any such credits may be applied against the lease price, Massachusetts
Veterans, Inc. shall submit a detailed list of those renovations, repairs and
long-term capital improvements for which it is seeking a lease credit to the
office of the inspector general. The list shall include the revenue source
used by Massachusetts Veterans, Inc. to fund said renovations, repairs and
long-term capital improvements and shall be accompanied by documentation
sufficient to show that said renovations, repairs or long-term capital
improvements were actually completed at the premises described in this section
and during the time required in this section. The inspector general shall
review said list and said documentation and determine which proposed credits
meet the definitions and requirements set forth in this section. Only those
proposed credits certified by the inspector general as meeting the definitions
and requirements shall be applied as credits against the lease price. In no
instance shall any prior renovation, repair or long-term capital improvement
funded in whole or part by a state appropriation, including, but not limited
to, funds expended from item 1410-0251 of the annual general appropriation
act, be certified as a credit against the lease price by the inspector
general. In no instance shall the net lease price during the first 10 years
of the lease agreement, after application of the credits, be in an amount less
than $100 per month.

SECTION 4.
Massachusetts Veterans, Inc. shall be responsible for all
costs associated with any appraisal, survey, or other expense incurred by the
commonwealth relating to the lease or leases authorized by section 2, and for
any costs, liabilities or expenses of any kind for the development,
improvement, maintenance or operation of the property as may be determined by
the commissioner.

SECTION 5.
Massachusetts Veterans, Inc. shall carry such
comprehensive liability insurance, in an amount deemed adequate by the
commissioner of the division of capital asset management and maintenance in
consultation with the adjutant general, to protect the commonwealth and
Massachusetts Veterans, Inc. against personal injury or property damage
occurring within the building during the term of any lease or leases authorized
by this act.

SECTION 6.
If the building ceases to be used at any time for the
purpose described in this act, the building, together with any improvements
thereon, shall revert to the commonwealth. Any further disposition of the
property shall be subject to sections 40E to 40J, inclusive, of chapter 7 of
the General Laws and shall have the prior approval of the general court.